QUESTION

Severance Package

Asked on Jun 01st, 2014 on Employment Contracts - Virginia
More details to this question:
I recently was laid off and the company offered me a severance package. I've been with the company for over a year and received an excellent review. However, there was new CMO and she restructured the department and eliminated my position. The severance package is very broad on the non-compete section, but more than the offer letter that I signed a year ago. My question is do I have rights for wrongful termination given that I received an excellent review. I do understand, that Virginia is a work at will state. Can I negotiate for more on severance package?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
You can absolutely negotiate for more in the severance package.  If they were wrong to terminate you, that would entitle you to collect unemployment compensation, which they would probably like to avoid and they obviously would like to prevent you from competing with them, which they cannot do without your signature on this agreement.  That gives you a lot of leverage in negotiating for a better deal.  This is something that we assist with on a regular basis, so it is a good idea to talk with a lawyer and get some legal muscle on your side. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Jun 01st, 2014 at 11:30 PM

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